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Terms and Conditions

TERMS OF SERVICE

ABOUT THIS WEBSITE
These Website Terms of Use apply to the website owned and operated by PAYA under the domain name www.payaboutique.com.au (the Website).

Your use of the information, graphics, text, software and materials (Content) on the Website is governed by these Terms of Use. If you do not agree with these Terms of Use you should cease using the Website.

The Website is operated in Australia and references to currency are in Australian dollars unless otherwise specified.

INFORMATION AVAILABLE AT THE WEBSITE
Unless expressly stated otherwise, the Content does not:

Constitute an offer or inducement to enter into a legally binding contract; or Form part of the terms and conditions for our products and services.
While we strive to ensure that the Content on the Website is correct, we cannot guarantee that all of the Content is completely error-free. Please let us know if you notice any errors and we will seek to correct them. If you purchase goods that do not match the description we gave you, Your Consumer Rights (see below) may entitle you to a refund or repair or replacement of the goods.

Before taking or refraining from any action in reliance on the Content or this Website, you must make and rely on your own enquiries in relation to, and in evaluation of, the Content including any information, predictions, opinions and statements contained in this Website.

ORDERS
By placing any order for goods in the manner described on the Website, you make an offer to purchase the goods for the price specified on that Website at the time you place the order (Offer). We may, in our sole and absolute discretion, accept or reject any Offer made by you for any reason, including, without limitation, the unavailability of the goods, an error in the price or the goods description posted on the Website, or an error in your Offer.

We are unable to make changes to your order once it has been placed.

If you’ve made a mistake with your address, please contact Customer Service. We will make every effort with Australia Post to retrieve your order and update the address details. We can launch an investigation with Australia Post once the items are missing for more than 5 business days.

Please note that all orders purchased using Afterpay and Paypal can only be returned for a refund via our online returns process that can be found www.nautica.com.au/page/return-policy. Orders made with AfterPay and Paypal cannot be exchanged in-store and must be returned online for a refund.

SECURITY
We use the Paypal™ service for the secure processing of credit card transactions. We do not store or have access to your credit card details - they are transmitted directly to Paypal™ using SSL 3.0 encryption.

If you are considering sending us any other personal information through www.payaboutique.com.au or other electronic means, please be aware that the information may be insecure in transit, particularly where no encryption is used (e.g. email, standard HTTP). We are subject to laws requiring us to protect the security of personal information once it comes into our possession.

AVAILABILITY OF THE WEBSITE
While we use reasonable care and skill to ensure the Website is free from defects and harmful code, Internet services are subject to interruption, breakdown, viruses, delays, interception, interference and other errors involving communications networks, computer systems, servers, providers, computer equipment and software.

In relation to any device which you use to access the Website, we recommend that you obtain and maintain up-to-date virus, security and intrusion prevention and scanning software which is specifically designed for all devices you use to access the Website.

YOUR CONDUCT
You are responsible for all of your activity in connection with accessing the Website. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to the Website.

If we issue you with a password that permits you to access certain parts of this Website, you are solely responsible for any use of the Website through such access, whether authorised or not.

You agree that you will not, (either yourself or through any third party):

Use any device, software, process or routine to interfere or attempt to interfere with the proper working of the Website or any transaction or process being conducted on or through the Website;
Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of or bandwidth connecting to the Website;
Take any action that could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website; or
Transmit, distribute, introduce or otherwise make available in any manner through the Website any computer virus, keyloggers, spyware, worms, Trojan horses, timebombs or other malicious or harmful programming (collectively, "Viruses");
Use the Websites in connection with requesting, harvesting, obtaining or storing any personal information, passwords, account information or other information about other users of the Website; or
Use any data mining, robots, or similar data gathering and extracting tools in connection with the Website.
You must comply with all applicable local, state, national and international laws and regulations that relate to your use of or activities on this Website. We reserve the right to report potentially criminal activity to appropriate law enforcement agencies.

YOUR CONTENT
We may permit you to place Content on the Website (including posting messages, uploading files, inputting data or engaging in any other form of communication). By submitting Content for potential inclusion in the Website, you grant to us an irrevocable, perpetual, royalty-free, non-exclusive, worldwide licence to do the following with respect to the Content:

Use, reproduce, modify, sublicence, redistribute, adapt, transmit, publish, broadcast and display the Content and create derivative works from the Content; and
Sublicence any of those rights to third parties.
You acknowledge that Content that you send to, or attempt to include in the Website, may not reach or be correctly displayed on that Website for a variety of reasons including but not limited to mechanical, software, computer, telecommunications or electronic failure.

You must not send any Content or links for inclusion on the Website which in any way whatsoever:

Is fraudulent, misleading or deceptive (including impersonating another person or misrepresenting a connection with another person or entity);
Infringes any third party’s copyright, patent, trade mark, trade secret or other intellectual property rights or proprietary rights or rights of publicity or privacy;
Violates any law, statue or regulation, or constitutes, or encourages conduct that would constitute a criminal offence (including prohibitions on spam messages);
Is defamatory, libellous, unlawfully threatening or unlawfully harassing;
Is harmful, threatening, abusive, hateful, offensive, discriminatory, defamatory, obscene, vulgar, pornographic, profane or indecent;
Promotes, directly or indirectly, the use or supply of tobacco products or promotes pharmaceutical therapeutic goods not approved for sale in Australia;
Impinges on any other user’s use or enjoyment of the Website;
Seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
Contains any ‘prohibited content’ or ‘potential prohibited content’ within the meaning of Schedule 5 of the Broadcasting Services Act 1992 (Cth).
Any Content that you send to, or attempt to include in the Website may be made publicly available to all users of the Website, and may be indexed and cached by search engines. We may or may not monitor and review user Content.

LINKS
The Website may contain links to third party websites. Our inclusion of these links is not intended to indicate that we sponsor or endorse the operators or Content of linked websites.

YOUR CONSUMER RIGHTS
You may have rights under applicable consumer protection legislation, such as the Australian Consumer Law, which cannot be excluded, restricted or modified by this Agreement (Your Consumer Rights). In Australia, Your Consumer Rights include that goods will be of acceptable quality and match their description and that services will be provided with care and skill. You can find out more about Your Consumer Rights from consumer organisations and bodies such as the Australian Competition and Consumer Commission and State/Territory fair trading authorities.

TERMINATION AND SUSPENSION
We reserve the right, without notice and in our sole and absolute discretion, to discontinue, suspend or terminate any service offered by or through this Website as well as this Website at any time. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, disclaimers, indemnities and limitations of liability.

LIMITATION OF LIABILITY
Nothing in these Terms of Use is intended to exclude, restrict or modify Your Consumer Rights. If a jurisdiction allows liability to be limited but not excluded, our total liability is limited to the maximum extent possible. For example, where lawful we limit our liability to doing any one or more of the following (at our election):

Resupplying goods or services to you or supplying equivalent goods;
Repairing the goods; or
Paying to have the goods or services resupplied or goods repaired.
You must notify us without delay of any loss you suffer in connection with this Website or the Content and take all other reasonable steps to minimise your loss.

Subject to Your Consumer Rights, we are not liable:

For any loss that was not reasonably foreseeable to you and us at the time you first used this Website;
For any business-related loss including loss of revenue, profits, contracts, anticipated savings, data, goodwill, opportunity, reputation or productivity;
To the extent that your loss was contributed to by your negligence or breach or any other matter outside our reasonable control (e.g. industrial action or third party equipment, networks, viruses or malware); and
Any loss to the extent contributed to by your negligence or breach.
COPYRIGHT AND TRADE MARKS
Copyright in the Content on this Website is owned or licensed by us, unless indicated otherwise. Except where necessary for viewing the Content on this website or your browser, or as permitted despite these Terms of Use under the Copyright Act 1968 (Cth) or other applicable laws, no Content on this Website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the prior written consent of us or our licensor(s) (as appropriate).

Trade marks used on this Website are owned by us or third parties. You must not use trade marks on this Website except as authorised by the owner or by law. Nothing contained on any of the Websites grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trade marks without our written permission or the written permission of the third party owner.

CHILDREN
Access to and use of the Website is made available only to people who can form legally binding agreements under applicable law. The Website is intended for a general audience and is not intended to be used by minor children. Children accessing the Website should obtain the permission and assistance of a parent or legal guardian. If you allow your minor child or a child for whom you are a legal guardian (a "Minor"), to access the Websites, you will be solely responsible for: (i) the online conduct of the Minor; (ii) monitoring the Minor's access to and use of the Website; and (iii) the consequences of any use of the Website by the Minor.

CHANGES TO THESE TERMS OF USE
We may at any time vary the ongoing Terms of Use by publishing the varied Terms of Use on the Website. You accept that by doing this, we have provided you with sufficient notice of the variation. Use of the Website and the Content at any time is governed by the current Terms of Use on the Website at that time.

JURISDICTION
The law applicable to the Website and to disputes arising out of the Website is the law of the State of Queensland, Australia.

 

PRIVACY

INTRODUCTION
We respect the privacy of your personal information. This Privacy Statement sets out our policy on dealing with personal information we collect through our www.payaboutique.com.au website (Website). Under the Privacy Act, 'personal information' means information which identifies you as an individual or from which your identity can be reasonably ascertained.

PERSONAL INFORMATION COLLECTED
We collect personal information from you if you register for our Website. Once you have registered, we also collect information about your use of the Website and information you submit while using the Website. This information may include your device's IP address.

USE AND DISCLOSURE OF PERSONAL INFORMATION
We collect your personal information to process orders, improve our services and to communicate with you.

In special circumstances, we may also use and disclose your personal information for purposes relating to law enforcement and investigations, protecting our lawful interests and acquisitions of our business.

We may not be able to do these things without your personal information. For example, we may not be able to deliver and track your order or contact you.

We may also provide your personal information to our service providers who assist us with customer contact, archival, auditing, accounting, customer contact, legal, business consulting, banking, payment, delivery, data processing, website or technology services.

WEBSITE TECHNOLOGY
Like many websites, our Website may use "cookies" from time to time. A cookie is a piece of information that allows the server to identify and interact more effectively with your device. The cookie assists us in maintaining the continuity of your browsing session and remembering your details and preferences when you return. You can configure your web browser to reject cookies but you may find some parts of our Website then have limited functionality.

Our Website may contain links to other sites. We are not responsible for the privacy practices or policies of those sites and recommend that you review their privacy policies.

In some cases third parties such as Google Analytics may use cookies, web beacons and other technologies such as JavaScript on our Website in connection with online services like website analytics, surveys and advertising. This may allow them to collect information about your use of our Website (including your computer's IP address) which they may store in other countries.

ACCESSING YOUR PERSONAL INFORMATION
To make a request to access or correct any personal information we hold about you, please contact us as set out below. We ask that you provide us with as much detail as you can about the particular information you seek, in order to help us retrieve it.

SECURITY
We use the Paypal™ service for the secure processing of credit card transactions. We do not store or have access to your credit card details - they are transmitted directly to Paypal™.

If you are considering sending us any other personal information through www.payaboutique.com.au or other electronic means, please be aware that the information may be insecure in transit, particularly where no encryption is used (e.g. email, standard HTTP). We are subject to laws requiring us to protect the security of personal information once it comes into our possession.

CHANGES TO THIS PRIVACY STATEMENT
We may update this Privacy Statement from time to time by publishing a new version on the Website. Whenever you visit our Website, you should ensure that you are familiar with the current version of this Privacy Statement.

FURTHER INFORMATION
If you have any questions, concerns or feedback about privacy, please contact:

The Privacy Officer
PAYA Pty Ltd
Address: PO Box 2418, Airlie Beach QLD 4802, Australia
Phone: +61 7 4946 7577
Email: info@paya.com.au

For information about privacy generally, or if your concerns are not resolved to your satisfaction, you can contact the Office of the Australian Information Commissioner on 1300 363 992 or via www.oaic.gov.au.